Month: September 2011

A recent story in the NY Times describes how tough sentencing schemes have given prosecutors a large amount of leverage to exact plea deals from defendants. Given the crazy sentencing schemes like California’s three strikes, discussed previously here, defendants are increasingly pleading guilty to crimes. … Read More

Let’s say that Mr. X and his spouse are splitting up and this is what transpires:
Mrs. X sends her spouse packing, suitcase in hand out the door.
Mr. X receives a large annual bonus from his employer of $50,000.
A couple of months later Mr.… Read More

Lawyers far too often lose sight of what their practice is intended to be. Justice Frankfurter once described what a lawyer’s role should be and what that requires.
It is a fair characterization of the lawyer’s responsibility in our society that he stands ‘as a shield,’ to quote Devlin, J., in defense of right and to ward off wrong.… Read More

You’re a consultant and you sign a non-compete agreement or non-solicit with a company that demands you sign it. Do they matter? Do you need to keep track of who you can solicit and who you can’t? The long answer is: it depends.… Read More

The hallmarks of the American judicial system: the jury, innocent until proven guilty, and evidence proving guilt beyond a reasonable doubt may not have a full place in the Federal court system. You receive these protections at your initial trial, but then at the sentencing hearing—they go away.… Read More

So, you’re a member of a very large law firm in New York. You humbly note on your firm profile that you have been named “one of the ‘500 Leading Litigators in America,’ one of the ‘500 Leading Plaintiffs’ Lawyers,’ and one of the ‘100 Lawyers You Need to Know in Securities Litigation,’ and … repeatedly named a Super Lawyer by Super Lawyers magazine, in 2007, 2008 and 2009.” Very humble.… Read More

So you have a business with your spouse and business is going well, but marital bliss is fleeting. Have you thought about the fact that post-dissolution; your business may have to be sold to raise cash? Anything you can do to divorce-proof your business?… Read More

In 1970, 200,000 people were incarcerated in the United States. That represented .09% of the US population.
In 2011, 2,300,000 people are incarcerated in the US. That represents .73% of the US population.
Since 1970, the incarcerated population has grown 11.5 times (1150%) and the per capita incarceration rate has grown 818%.… Read More

In the early 1990’s a wave of crime swept over California and provided the impetus for increased criminalization, harsher sentencing, and the wholesale rejection of rehabilitation as a penological goal. In the same year (1994) that Bill Clinton signed an assault weapons ban, Californians passed the Three Strikes Law by initiative.… Read More

Elkins
The Elkins Implementation Task Force is currently attempting to overhaul California’s family law court system to increase fairness and efficiency. The Elkins Task Force was created after the decision in Elkins v. Superior Court (2007) 41 Cal.4th 1337 found that current family law procedures were inadequate.… Read More

“Having a child is like a twenty-year escrow with tough terms and a sale-leaseback at the end.”
-Bjorn Farrugia
Bjorn is a real estate agent focusing on high end homes in LA County, such as Malibu, Pacific Palisades, Santa Monica, Brentwood, etc. … Read More

Joint Filings:
Many times during a divorce, Parties are tempted to file taxes as “married filing jointly.” Usually, but not always, your tax burden will be lower filing jointly, depending on your respective incomes, deductions, and credits. The main disadvantage of filing jointly is that both spouses are jointly and severally liable for taxes on the return, including any tax deficiencies, interest, and penalties.… Read More

California is the most populous state in the U.S. and is incredibly diverse. Spanish is the state’s second most spoken language. Latinos make up 40% of the state’s population, and 25% of people in California cite Spanish as their primary language. … Read More